Pharmacy mistake on records leads to ongoing damages

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ZenEagle

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Jurisdiction
Alabama
A major pharmacy chain in another state negligently added another persons opiate prescription to my family members account. the customer who the prescription belonged to, had the same first/last name and birthdate as my relative, and is a long time resident of the town where he filled his precription.
(a place my relative and I had never even been to in our lives, ) — pharmacy pulled up wrong account which wouldn't have happened if they checked this individuals ID, address or SSN# like I believe they're supposed to?

Our back story and the ongoing nightmare:

We recently moved to AL., far from where we had been living & receiving excellent medical care for serious illnesses for the last 8 years. We've only been seeing a nearby doctor in AL for a couple months since we moved here. During our last visit, our new doctor notices on my relatives records the above mentioned opiates from the out of state pharmacy 200 miles away, and we were incredulous, obviously having no idea where it came from at the time, my relative hadn't had any opiates filled in over 5 years,, but doctor sounds supicious like they didn't believe relatives denials, and kept trying to get us to admit it. We beg them to call us if they find out anything, wondering out loud if it could be identity theft, assuring them up and down that we had no idea what was going on.

2 weeks later, doctors office finally called us and told us "pharmacy told us they had seen (my relative) on security camera, you're both lying, (very rude and immature) you and family member are permanently dismissed from this office, even implying there could be legal trouble for you" (Our first logical reaction after getting off the phone: "This pharmacy doesn't know my relative or what he looks like, how ridiculous")

(which puts us without a doctor to continue prescriptions, etc) — My relative, shaking and near tears, almost having a panic attack at this point, thinks maybe someone stole their identity. He calls this out of state pharmacy explaining situation, too late to head to copy center, the next morning he drives 30 miles to fax them a photo ID and blown up photo of himself, at which point the pharmacy start to realize their mistake, track down the individual who picked up the prescription and had him come back to pharmacy with his ID to clear up the situation, which he did according to the pharmacist.

Pharmacy then calls our doctor office to explain their mistake, ATTEMPTING to anyway - but the office wouldn't listen to the pharmacist and was argumentative .. (which is how pharmacist explained it to us, claiming there's nothing else they can do, profusely apologetical though) . (I assume our doctors office just wanted to sweep it under the rug at this point, especially after the horrible, shameful way they had treated us, too embarassed to face us after that — they are rather unprofessional in other ways we've noticed, but we've always kept it to ourselves and been respectful. Been on time to appointments, and courteous.

we have been losing sleep and are feeling extremely vulnerable after all this went down. relative is elderly. He was starting his golden years at his dream retirement home on a lake and its turned into a nightmare lately. worried that if doctors are so reactionary, cold and carless around here - maybe the next one will be too. (the only silver lining is we were able to get an appointment with another doctor before our medicine runs out) but we're worried, as the last doctors office maintains we're still dismissed because the prescription still shows up on relatives record. (Not sure if this is true or not, I've been finding red flags about this doctor since researching them, trying to find out why they would be so careless throwing us under the bus like this. they do not come off as honorable/honest people to me. ( while this may not be relevant, there seems to be an unusual number of lawsuits tied to this doctor, and when I look on various professional reputation sites, they have very low rep score, Also found doctor talk/support forums where the doctor was publicly posting unprofessional details about their personal life some years ago , conspiritorial sounding outcry over their parental rights being legally revoked by the state.)

Please, if you possibly can, please tell us what recourse we might have. I'm in tears everytime I recount this as I've always had a wonderful relationship with all my doctors and I've never felt so vulnerable in my life. My depression and anxiety is coming back to haunt me after many years remission .. I've spent close to 3-4 months in hospitals in the last 8 years with a serious and rare disease that made it where couldn't eat — losing over 80 pounds as a result (fed liquid meals by feeding tubes for over a year) , that and surgery helped bring back some of the weight — I'm still dealing with immensely painful spasms when I don't have my medicines, (occasionally even when I do) - they get so bad that I can't swallow , so it's like living through PTSD right now, worrying about not being able to find an honorable doctor in time and going without my meds or experiencing this again.

Thank you so very much if you have any answers or suggestions. (p.s. My relative and I have never in our lives filed suit against anyone but we both agree that this just isn't right , we've suffered far too much over the incompetence of others — we did nothing wrong (other than perhaps not doing a thorough enough background check on this doctor when we first moved here) —
 
There is no case against the physician's office who refused to see you/your relative.
But in Alabama, you can sue a ham sandwich; all you need is a crayon, a piece of paper, and the filing fee.
 
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A major pharmacy chain in another state negligently added another persons opiate prescription to my family members account. the customer who the prescription belonged to, had the same first/last name and birthdate as my relative, and is a long time resident of the town where he filled his precription.
(a place my relative and I had never even been to in our lives, ) — pharmacy pulled up wrong account which wouldn't have happened if they checked this individuals ID, address or SSN# like I believe they're supposed to?

Our back story and the ongoing nightmare:

We recently moved to AL., far from where we had been living & receiving excellent medical care for serious illnesses for the last 8 years. We've only been seeing a nearby doctor in AL for a couple months since we moved here. During our last visit, our new doctor notices on my relatives records the above mentioned opiates from the out of state pharmacy 200 miles away, and we were incredulous, obviously having no idea where it came from at the time, my relative hadn't had any opiates filled in over 5 years,, but doctor sounds supicious like they didn't believe relatives denials, and kept trying to get us to admit it. We beg them to call us if they find out anything, wondering out loud if it could be identity theft, assuring them up and down that we had no idea what was going on.

2 weeks later, doctors office finally called us and told us "pharmacy told us they had seen (my relative) on security camera, you're both lying, (very rude and immature) you and family member are permanently dismissed from this office, even implying there could be legal trouble for you" (Our first logical reaction after getting off the phone: "This pharmacy doesn't know my relative or what he looks like, how ridiculous")

(which puts us without a doctor to continue prescriptions, etc) — My relative, shaking and near tears, almost having a panic attack at this point, thinks maybe someone stole their identity. He calls this out of state pharmacy explaining situation, too late to head to copy center, the next morning he drives 30 miles to fax them a photo ID and blown up photo of himself, at which point the pharmacy start to realize their mistake, track down the individual who picked up the prescription and had him come back to pharmacy with his ID to clear up the situation, which he did according to the pharmacist.

Pharmacy then calls our doctor office to explain their mistake, ATTEMPTING to anyway - but the office wouldn't listen to the pharmacist and was argumentative .. (which is how pharmacist explained it to us, claiming there's nothing else they can do, profusely apologetical though) . (I assume our doctors office just wanted to sweep it under the rug at this point, especially after the horrible, shameful way they had treated us, too embarassed to face us after that — they are rather unprofessional in other ways we've noticed, but we've always kept it to ourselves and been respectful. Been on time to appointments, and courteous.

we have been losing sleep and are feeling extremely vulnerable after all this went down. relative is elderly. He was starting his golden years at his dream retirement home on a lake and its turned into a nightmare lately. worried that if doctors are so reactionary, cold and carless around here - maybe the next one will be too. (the only silver lining is we were able to get an appointment with another doctor before our medicine runs out) but we're worried, as the last doctors office maintains we're still dismissed because the prescription still shows up on relatives record. (Not sure if this is true or not, I've been finding red flags about this doctor since researching them, trying to find out why they would be so careless throwing us under the bus like this. they do not come off as honorable/honest people to me. ( while this may not be relevant, there seems to be an unusual number of lawsuits tied to this doctor, and when I look on various professional reputation sites, they have very low rep score, Also found doctor talk/support forums where the doctor was publicly posting unprofessional details about their personal life some years ago , conspiritorial sounding outcry over their parental rights being legally revoked by the state.)

Please, if you possibly can, please tell us what recourse we might have. I'm in tears everytime I recount this as I've always had a wonderful relationship with all my doctors and I've never felt so vulnerable in my life. My depression and anxiety is coming back to haunt me after many years remission .. I've spent close to 3-4 months in hospitals in the last 8 years with a serious and rare disease that made it where couldn't eat — losing over 80 pounds as a result (fed liquid meals by feeding tubes for over a year) , that and surgery helped bring back some of the weight — I'm still dealing with immensely painful spasms when I don't have my medicines, (occasionally even when I do) - they get so bad that I can't swallow , so it's like living through PTSD right now, worrying about not being able to find an honorable doctor in time and going without my meds or experiencing this again.

Thank you so very much if you have any answers or suggestions. (p.s. My relative and I have never in our lives filed suit against anyone but we both agree that this just isn't right , we've suffered far too much over the incompetence of others — we did nothing wrong (other than perhaps not doing a thorough enough background check on this doctor when we first moved here) —


I STOPPED trying to read this massive missive and monumental mass of text after I muddled through the first run on sentence masquerading as a paragraph.

Have a great life.
 
There is no case against the physician's office who refused to see you/your relative.
But in Alabama, you can sue a ham sandwich; all you need is a crayon, a piece of paper, and the filing fee.

I assumed the biggest case might be against the pharmacy for putting us in the situation to begin with, given the legal requirement to verify identity of customers, especially when dispensing controlled substances.

With the opiate epidemic putting doctors offices through extra legal precautions and liabilities, I can understand why they'd be overly cautious and maybe a tad paranoid - especially if they aren't given much wiggle room due to unwise legislation in their jurisdiction.

We obviously don't want to go through the expense and stress of a court case if there's not enough merit behind it.
 
I STOPPED trying to read this massive missive and monumental mass of text after I muddled through the first run on sentence masquerading as a paragraph.

Have a great life.

Thanks anyway. I wasn't in best form when I wrote that. Too many sleepless nights and stress lately.

I tried to find an edit button when I woke up this morning but apparently it's only available for a short time after post submission.

Have a good day,
 
I STOPPED trying to read this massive missive and monumental mass of text after I muddled through the first run on sentence masquerading as a paragraph.

Have a great life.

I'd appreciate it if you could delete this thread. I wasn't thinking clearly and was in a poor state of mind and near physical exhaustion when I wrote it. I'm sorry to waste everyones time.

Thanks,
-Zen
 
I'd appreciate it if you could delete this thread. I wasn't thinking clearly and was in a poor state of mind and near physical exhaustion when I wrote it. I'm sorry to waste everyones time.

Thanks,
-Zen
Delete for what purpose? If you don't want any advice just stop posting...If you want to delete in order to do a "do-over", that isn't necessary. Just write coherently from now forward.
 
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I assumed the biggest case might be against the pharmacy for putting us in the situation to begin with, given the legal requirement to verify identity of customers, especially when dispensing controlled substances.

With the opiate epidemic putting doctors offices through extra legal precautions and liabilities, I can understand why they'd be overly cautious and maybe a tad paranoid - especially if they aren't given much wiggle room due to unwise legislation in their jurisdiction.

We obviously don't want to go through the expense and stress of a court case if there's not enough merit behind it.

No case against the pharmacy, either. Stuff happens. Step around it or step in it.
 
No case against the pharmacy, either. Stuff happens. Step around it or step in it.

A pharmacy can make a mistake on your prescription records, leading to direct physical harm of a patient and people are just SOL? That just seems unethical on so many levels, especially since they're legally required to verify more than just the name and birthdate on patients picking up controlled substances. Indirectly causing a patient to miss certain necessary prescriptions can be as dangerous as if a pharmacy gave the wrong medicine, a case in which they're repeatedly held liable.

I'm finding conflicting information in my research, particularly concerning the doctor as well: One legal brochure claims a doctor can release ("fire") a patient for almost any reason, though cites one of the few exemptions being: "If the patient is receiving ongoing medical treatment."

Having undergone serious surgery just last year, I'm still experiencing complications from the surgery and the disease. Perhaps I'm mistaken, but that sure as hell seems to fall under that exemption.

The doctor that was in charge of my care during the time of surgery, made sure that my elderly father and I had several months supply of our necessary medication when we moved, offering to send us more if we run out, clearly understanding the consequences to our health of going without. My pharmacy stopped accepting the out of state prescriptions after filling it the 2nd time, forcing us to continue medical care with the aforementioned local doctor.
 
A pharmacy can make a mistake on your prescription records, leading to direct physical harm of a patient and people are just SOL?
Their mistake didn't cause any physical harm.

That just seems unethical on so many levels, especially since they're legally required to verify more than just the name and birthdate on patients picking up controlled substances.
I never am.

Indirectly causing a patient to miss certain necessary prescriptions can be as dangerous as if a pharmacy gave the wrong medicine, a case in which they're repeatedly held liable.

I'm finding conflicting information in my research, particularly concerning the doctor as well: One legal brochure claims a doctor can release ("fire") a patient for almost any reason, though cites one of the few exemptions being: "If the patient is receiving ongoing medical treatment."

Having undergone serious surgery just last year, I'm still experiencing complications from the surgery and the disease. Perhaps I'm mistaken, but that sure as hell seems to fall under that exemption.
Receiving care from that doctor. You stated that this was a new doctor, so the patient wasn't "receiving ongoing medical treatment" from that doctor.

The doctor that was in charge of my care during the time of surgery, made sure that my elderly father and I had several months supply of our necessary medication when we moved, offering to send us more if we run out, clearly understanding the consequences to our health of going without. My pharmacy stopped accepting the out of state prescriptions after filling it the 2nd time, forcing us to continue medical care with the aforementioned local doctor.
...so?
 
I wouldn't have even voluntarily moved back to this legally backward area of the country, were it not for my mother, a native of the area, being critically ill. She's soon undergoing surgery that has a high fatality rate.

It would have crushed me if I were to lose her while living so far away.
 
Their mistake didn't cause any physical harm.

I never am.

Receiving care from that doctor. You stated that this was a new doctor, so the patient wasn't "receiving ongoing medical treatment" from that doctor.

...so?

"I never am"

I'm sorry, but I don't understand this comment. I looked up the legal requirements for the state in which the pharmacy screwed up. They were legally required to ask for more than just name and birthdate, precisely to avoid mistakes like this from happening. We have a common name, so there are probably dozens of people with the same name and birthdate all over the country.

as for the meaning of "ongoing medical treatment."— I'm not being argumentative here, just trying to determine how and where I'm wrong.

I had many different doctors, specialists, surgeons who formulated a medical plan for my case. They all communicated with my former primary care doctor, who continued their treatment protocol. My new doctor in AL continued the same treatment protocol established in the state I moved from, so perhaps it's my mistaken assumption that having the protocol continued was
"ongoing treatment".

"Their mistake didn't cause any physical harm"

You don't know this and it's an open question as to how serious the harm will be, depending on if this pharmacy error continues to affect our access to treatment in this state. (TBD this week)

The fact that the pharmacy contacted the doctor to explain their mistake, and were met with a stubborn and hostile reaction, doesn't give me much faith in the competence of medical practitioners around here.
 
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Your matter goes beyond the scope of an internet forum. Please gather all of your documentation, including medical records, and speak to a local attorney.
 
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